IN RE DYNAMIC TECHNOLOGIES CORP.

Bankruptcy No. 4-89-1604, Adv. Nos. 4-89-161, 4-89-203, 4-89-204, 4-89-242, 4-89-320 to 4-89-330, 4-89-339 to 4-89-342, 4-89-365, 4-89-383, 4-89-387, 4-89-389 and 4-89-392.

106 B.R. 994 (1989)

In re DYNAMIC TECHNOLOGIES CORPORATION, Debtor. CHEMICAL-WAYS CORPORATION, Plaintiff, v. Kathryn PAGE, Trustee of Dynamic Technologies Corporation, Defendant. HALES MACHINE TOOL, INC., Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. DAVID T. OLSON SALES CO., INC., Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. AMERICAN PHOTOCOPY EQUIPMENT COMPANY OF MINNEAPOLIS, INC., Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. TECHNICAL MARKETING CO., INC., Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. INTERMATIC INCORPORATED, Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. ZELLERBACH PAPER CO., Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. AL MAC PLASTICS, INC., Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. ELECTRIC MOTOR REPAIR, INC., Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. CLIMAX METAL PRODUCTS, Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. JM OFFICE PRODUCTS, INC., Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. HARRIS MACHINERY CO., Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. MID-CO. TV SYSTEMS, INC., Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. CLAYHILL, INC., Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. G & C SALES AND SERVICE, Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. MARATHON ELECTRIC, INC., Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. AST BEARINGS DIVISION OF VERNITRON CORPORATION, Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. MINNESOTA SUPPLY COMPANY, Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. LORS MACHINERY, INC., Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. CLARKLIFT OF MINNESOTA, INC., Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. CENTURY ELECTRIC CO., INC., a Delaware Corporation, Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. PITNEY BOWES, Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. APPLIED POWER PRODUCTS, INC., Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant. ROBIN INDUSTRIAL SUPPLY, INC., Plaintiff, v. BANKRUPTCY ESTATE OF DYNAMIC TECHNOLOGIES CORP., Kathryn Page as Trustee of the Bankruptcy Estate of Dynamic Technologies Corp., and Dynamic Technologies Corp., Defendant.

United States Bankruptcy Court, D. Minnesota.

October 20, 1989.


Attorney(s) appearing for the Case

Kathryn Page, Wagner, Johnston & Falconer, Minneapolis, Minn., for defendant.

Jeffrey C. Robbins, Mahoney, Walling & Kelly, Minneapolis, Minn., for plaintiff Chemical-Ways Corp.

John R. Kaufhold, Peterson, Engberg & Peterson, Minneapolis, Minn., for plaintiffs Hales Mach. Tool, Inc. and David T. Olson Sales Co., Inc.

Claude M. Loewenthal, Claude M. Loewenthal & Associates, Ltd., Minneapolis, Minn., for plaintiff American Photocopy Equipment Co. of Mpls., Inc.

William G. Cottrell, John A. Halpern & Associate, Minneapolis, Minn., for Technical Marketing Co., Inc., Intermatic Inc., Zellerback Paper Co., Al Mac Plastics, Inc., Electric Motor Repair, Inc., Climax Metal Products, JM Office Products, Inc., Harris Machinery Co., Mid-Co. TV Systems, Inc., Clayhill Inc., G & C Sales and Service, Marathon Elec., Inc., AST Bearings Div. of Vernitron Corp., Minnesota Supply Co., and Lors Machinery, Inc.

Ralph V. Mitchell, Robins, Kaplan, Miller & Ciresi, Minneapolis, Minn., for plaintiff Clarklift of Minnesota, Inc.

Jerome D. Ciresi, St. Paul, Minn., for plaintiff Century Elec. Co., Inc.

Alan I. Silver, Doherty, Rumble & Butler, Minneapolis, Minn., for plaintiff Pitney Bowes.

Michael J. Minenko, Johnson & Madigan, Minneapolis, Minn., for plaintiff Applied Power Products, Inc.

Jay A.H. Joyner, Rosenthal, Rondoni, MacMillan & Joyner, Minneapolis, Minn., for plaintiff Robin Industrial Supply, Inc.


MEMORANDUM OPINION AND FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR SUMMARY JUDGMENT

NANCY C. DREHER, Bankruptcy Judge.

The above-entitled matters came on for hearing on motions for summary judgment filed by the defendant, Kathryn Page, trustee of the Estate of Dynamic Technologies. This Court has jurisdiction to hear and finally determine this matter pursuant to 28 U.S.C. §§ 157 and 1334, and Local Rule 103. This is a core proceeding.

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